COMMERCIAL PHASE. The Purchase Price for each Unit will be [***] during the first year of the Commercial Phase. Prior to the end of the first year of the Commercial Phase, the parties will agree to a tiered pricing structure for the remainder of the Agreement based on volume of Units purchased. If the parties cannot agree on a tiered pricing structure, the Purchase Price for each Unit will remain [***] for the remainder of the Agreement. THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [***] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ANNEX 3 EXHIBIT C Specifications [***]
COMMERCIAL PHASE. (1) After successful completion of the Process Validation Campaign, Amylin shall use commercially reasonable efforts to have Sandoz approved by the FDA as manufacturer of the Product. Subject to such approval, Amylin has the right and obligation to exclusively purchase from Sandoz, and Sandoz shall Manufacture for Amylin, at least [***] of the entire Product demand of Amylin, its Affiliates and Amylin’s Product licensees, pursuant and subject to the terms and conditions of this Agreement. For purposes of satisfying the exclusivity provisions of this Clause 9(1) and subject to the Minimum Fee provisions set forth in Clause 9(3), Amylin shall have the option to purchase Product from Sandoz that has been manufactured in accordance with the terms and conditions of that certain Process Optimization and Manufacturing Agreement, dated June 25, 2010, between Amylin and Sandoz and any other Product manufacturing and/or supply agreement that may be entered into between the parties in writing.
COMMERCIAL PHASE. Upon the Members' determination that the Company should proceed with commercial production of a Production Ready Prototype, the Company shall commence its second phase of operations (the "Commercial Phase") with respect to such Production Ready Prototype, and shall conduct all activities necessary or appropriate to manufacture and market hydrogen storage systems similar to such Production Ready Prototype, including the development, construction, ownership and operation of production facilities.
COMMERCIAL PHASE. HMN is to provide InnNovations with commercial grade content, for a minimum of 5000 rooms which in turn will be installed at all properties and then progress to a pay-per-view mode of operation. In this phase content will be restricted to new video releases only pending certification of the system by the MPAA (Motion Picture Association of America). HMN is to provide assistance to InnNovations in order to understand this process.
COMMERCIAL PHASE. Supply in the United States and Canada
COMMERCIAL PHASE. 6.1 The price of the commercial batches of Material is specified on Exhibit C attached hereto and incorporated herein.
COMMERCIAL PHASE. 3.1 The Commercial Phase for the CE-Approved Prototype shall commence upon the completion of the Prototype Development Phase and shall involve all duties and obligations as set forth in this Part 3. During the Commercial Phase, ATS shall undertake the tasks described in this Section 3; and the parties shall elaborate and agree on target launch dates for the U.S., major European markets, and other markets.
COMMERCIAL PHASE. Phase of Agreement starting on receipt by Customer of written notification from Life that Life has put in place a dedicated Product supply provision for Customer (“Life Notice of Commercial Supply”). *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission.
COMMERCIAL PHASE. Prior to commercialization of a product developed by the Alliance, the Parties will determine the appropriate mechanism for commercialization taking into consideration business, technical, legal, tax and financial matters with a guiding principle that the Parties will share equally in the value created by the Alliance through a joint venture corporation or partnership (the "Commercial Entity"). The Parties [...***...] that the Commercial Entity will be owned [...***...] by GCOR and [...***...] by DCC under the assumption that the Parties' [...***...]; provided, however, [...***...], the provisions of Section 8.3 hereof will govern. The decision by the Parties regarding whether to form the Commercial Entity will be triggered [...***...]. It is anticipated that the *CONFIDENTIAL TREATMENT REQUESTED formation of the Commercial Entity will occur within [...***...] from the Effective Date of this Agreement. However, if at the end of the [...***...] the Commercial Entity has not been formed and this Agreement has not been terminated, the Parties will agree on an appropriate mechanism to continue funding of the research and development of products and processes in the Silicon Biotechnology Field through the Alliance.
COMMERCIAL PHASE
